Sec. 18.
If any discontinued highway shall be upon lands through which a new highway shall be laid out, the same may be taken into consideration in estimating the damages sustained by the owner of such lands; and in like manner the benefits accruing to owners of lands by reason of laying-out, altering, widening or otherwise improving any highway or of changing the line thereof, shall be taken into consideration in determining the damages to be paid to any such owner as compensation for the taking of any of his property for any such highway purpose. In each such case, the board or commissioner having the matter in charge, or the court commissioners, as the case may be, shall state such fact and the amount deducted on account thereof in the determination, or report, as the case may be: Provided, however, That benefits shall not be taken into consideration as above stated in case there is any assessment levied on the abutting property by reason of the laying out, altering, widening or otherwise improving said highway.
History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3901 ;-- Am. 1931, Act 216, Eff. Sept. 18, 1931 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.188
Structure Michigan Compiled Laws
Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)
Section 213.173 - Payment of Purchase Price for Property.
Section 213.174 - Determination of Necessity by Board or Commissioner; Hearing.
Section 213.175 - Determination of Necessity; Filing and Recording; Compensation for Property.
Section 213.176 - Possession Notice; Vesting of Title; Removal of Obstructions on Property.
Section 213.177 - Petition; Circuit Court to Appoint Commissioners to Determine Damages.
Section 213.178 - Petition; Order for Hearing, Service.
Section 213.179 - Petition; Service Upon Guardians; Guardian Ad Litem.
Section 213.180 - Petition; Constructive Service; Order for Appearance.
Section 213.181 - Order for Appearance; Publication; Mailing and Service of Order.
Section 213.182 - Order for Appearance; Proof of Publication and Service; Filing.
Section 213.183 - Default of Persons Not Appearing; Court-Appointed Commissioners; Discontinuance.
Section 213.184 - Commissioners; Meetings, Adjournments; Witnesses.
Section 213.185 - Commissioners; View of Premises; Hearing; Evidence of Ownership.
Section 213.186 - Commissioners; Appraisal of Damages; Reports.
Section 213.187 - Commissioners; Not Necessary to Include All Parcels of Property in Same Petition.
Section 213.188 - Benefits to Owners; Deduction From Damage Costs.
Section 213.189 - Orders of Court Upon Determination and in Regarding Commissioners.
Section 213.190 - Confirmation of Commissioner's Report; Witness, Attorney, Damage Fees.
Section 213.191 - Compensation of Highway Condemnation Commissioners; Expenses.
Section 213.192 - Prima Facie Evidence; Certificate, Report, or Determination.
Section 213.193 - Right to Acquire Property of Municipalities and Cemetery Associations; Exchange.
Section 213.194 - Sale of Excess Land; Conveyance; Record.
Section 213.195 - Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
Section 213.197 - Review by Certiorari; Procedure; Time Limitations.
Section 213.198 - State Highway Commissioner or Deputy May Conduct Proceedings.